Mauna Kea hui -- ICA oral arguments -- went well

Posted by Kealoha Pisciotta at Nov 11, 2011 05:57 PM |
Back in 2009, the Mauna Kea hui -- Mauna Kea Anaina Hou, Royal Order of Kamehameha I, Sierra Club, KAHEA, and Uncle Ku -- appealed BLNR's decision to deny our request for a contested case hearing on the University's management plan for the mountain. On Wednesday, November 9, 2011, they Intermediate Court of Appeals held oral arguments on our case.
Mauna Kea hui -- ICA oral arguments -- went well

Mauna Kea hui Goes to the Appellate Court!

Aloha Kakou,

I just wanted to give a brief update on how the Mauna Kea case oral arguments presented before the Intermediate Court of the Appeals (ICA) went on Wednesday. I wanted also to take this opportunity to thank all of the supporters, those that could attend the hearings as well as those holding the vigils and prayers for Mauna Kea and Marti too.

For context, this case focused on the University’s management plan for Mauna Kea.  Back in April 2009, the BLNR approved the University's management plan for Mauna Kea.  The hui requested a contested case hearing on the plan, but the BLNR denied it.  So, the hui appealed to the courts.  Two years and two courts later, the appellate court heard oral arguments on our appeal.

The oral arguments were really unexpected.  We learned of the University's request to present oral arguments only a short time ago and often these kinds of cases have no oral argument at all. So it began when Marti made the decision to go forth to represent the Mauna Kea Hui, in lieu of our previous counsel whom has since left the private practice of law. Marti's decision was a tremendous commitment with an amazingly high learning curve. Amazing also because this case would, in fact, be Marti's first case in a formal court of law. Akua just sent her right up there into the ICA and Marti accepted that mission.

So the short answer on the question of how the hearing went, would be, the hearing went very well. Marti did such an incredible job of arguing the merits and intricacies of this particular Mauna Kea case. Click here to hear the whole argument on the ICA’s website.

The final decision, now remains in the hands of the Honorable Judges presiding over the ICA. We have no idea how the Judges will rule, however, we have faith in the power of justice and most importantly in the power of Akua!

In the mean time we continue on with our other Mauna Kea case: the Contested Case Hearing on the TMT.  We are preparing our Proposed Findings of Facts, Conclusions of Law, Decision and Order, which are due on November 17, 2011.

We will keep you updated on the progress of the Mauna Kea Cases as they continue.

Aloha and Mahalo Marti, please know that you made us very proud!!!

Again, Aloha and Mahalo to all of you for your loving support! Please help us to keep the prayers of Aloha strong!  If you would like to donate to the effort to protect Mauna Kea, please send donations to KAHEA for the “Mauna Kea Legal Defense Fund.”  We need toner, paper, and binders, as well as money for staff and rent.


Aloha no,

Kealoha Pisciotta

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